Filing an Erb's Palsy Lawsuit

Filing a lawsuit can award families with financial compensation that will aid in the payment of the treatment of their child. It also helps hold medical professionals responsible for preventable brachial plexus injuries.

This case concerns a girl who developed Erb's palsy due to complications during her delivery. She had a breech birth and shoulder dystocia (when the child's shoulders get stuck during birth). Her injury was caused by medical negligence.

What Causes Erb's Palsy?

The brachialplexus is a set of nerves in the neck and shoulder that sends signals to muscles of the arms, hands, and fingers. If this nerve system is damaged, a baby may develop Erb's Palsy.

This type of condition is more frequent in difficult deliveries, prolonged labours, and breech births. In a difficult birth, doctors may need to use force to push the baby through the vaginal tube. This could cause stretching of the neck or head of the baby. This can result in injuries from traction, where nerves are stretched. If the force is too high it could cause ruptures in which nerves are cut off from their spinal cord.

Most babies with Erb's Palsy recover fully and have no permanent harm, but this condition can leave them with weakness, limited range of motion and a distinct difference between their dominant arm and the non-dominant hand. Physical therapy is an option to accelerate the healing process and help the patient feel better in their affected hand.

How Can I Tell If My Child Is Having Erb's Palsy?

The symptoms of erb's palsy are weakness or Erb's Palsy paralysis varying extents--of the arm or shoulder. The positive side is that the majority of children born with erb's palsy are fully recovered, even though their condition can be permanent.

The brachial system of nerves connects the neck (clavicle) and the torso to the spinal cord, which allows the movement, sensation and support of the arm, shoulder, and hand. Stretching or pulling on the nerve can cause injury, resulting in erb's palsy.

The difficulty of delivery and the use of force during childbirth, the large baby size, breech display, and a long second stage of labor are common risk factors for this type of injury.

A doctor can diagnose erb's palsy by conducting an EMG which determines how well nerves and muscles work. The doctor might also recommend an MRI, CT, or other imaging tests to take images of the interior of the body. They can identify the type of erb's spalsy such as neuroma Avulsion, or Neuropraxia (neuropathy that occurs when the nerve is stretched rather than torn away from the spine). Some erb's palsy cases require surgery, which involves the splicing and grafting of healthy nerves.

How Do I Find Out If My Child's Erb's Palsy Was Caused by Medical Malpractice?

A child with Erb's Palsy should seek medical attention. The treatment can be costly and can last for months or years. Medical malpractice lawsuits can help families cover the cost of this care.

Erb's Palsy is caused by the fact that the upper nerves of brachialplexus get injured in a labor that is difficult. This type of injury is typically caused by traction or stretching the shoulder's nerves during a difficult birth, such as when a large baby or petite woman is involved.

In order to be able to file a medical malpractice claim the plaintiff must show that the healthcare professional failed to adhere to the standard of care for his or her position and role in the incident. Expert evidence is used to support this. Medical malpractice claims are based on actions of healthcare professionals, therefore it is crucial to find an attorney who is experienced in these kinds of cases. This will give you the best chance of proving your child's Erb's palsy was caused by medical negligence.

How Much Are Erb's Palsy Case Verdicts Worth?

The severity of your child's Erb's palsy case will determine how much you'll receive in compensation. This is why it's crucial to consult an experienced birth injury lawyer when you suspect medical negligence.

A successful Erb's palsy lawsuit could earn you significant financial compensation to cover the current and future medical expenses for your child. This includes therapies, surgeries and assistive devices, among others.

Some children's Erb's palsy will heal on its own in time, but others may require surgery to repair avulsions and tears in the brachial plexus nerves. If this is the case, you could be entitled to further significant damages.

Most Erb's palsy lawsuits are settled without a trial which means that the defendant pays you a set amount to resolve your dispute without going to trial. But if you're unable to reach an agreement with the defendant the lawyer will prepare for trial by gathering evidence and bringing in experts in Erb's palsy cases to back up your claims of medical malpractice. This includes medical records, evidence from witnesses and expert witness statements. Your lawyer will then argue your case before an impartial jury and judge.

What Can an Erb's Palsy Lawyer Can I Benefit from an Erb's Palsy Lawyer?

Many parents consult a lawyer after a child is injured birth injury. These injuries can be caused by medical negligence by doctors and other hospital staff. A qualified Erb's palsy attorney can help you determine the extent of your child's injury due to malpractice and help you navigate the legal process.

If your child's shoulder dystocia occurred due to a doctor's or hospital's negligence or Erb's Palsy carelessness, they could be accountable for the damages your child sustained. These damages may include the cost of your child's medical bills or lost wages, as well as pain and suffering.

A good Erb's palsy attorney will determine if the child's injury was the result of medical malpractice and then build a strong case on your behalf to hold the accountable party accountable for their actions.

The conditions that cause shoulder dystocia can be pre-planned and avoidable. If medical professionals fail to take the proper precautions, they could be held responsible for any injuries that may result from. A successful claim can result in a substantial amount as well as lifetime medical treatment. An experienced Erb's palsy lawyer will ensure that you receive the compensation that you deserve.